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    Khoukha's Avatar
    Khoukha Posts: 5, Reputation: 1
    New Member
     
    #1

    Jul 15, 2009, 12:17 AM
    My I94 to travel
    Hi,

    I have applied for I539 application (to change from b1 to F1) on April 11th 2009, and until now I haven't received any response from USCIS (my case is still pending). The thing is my I-94 expires on Jul 26th 09. I know that I can stay legally until USCIS get back to me, but I don't want to risk it by staying after that date, because if I get my case denied , this period will be considered as illegal stay, which will affect negatively on my student visa decision in the US embassy in my country.

    My question is: since I sent the original I-94 to USCIS with the application, how can travel outside the US without having the original I-94 form? Do I need to get it back from USCIS? How? And how long this will take?

    Thanks and appreciate your advice.

    K.
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #2

    Jul 15, 2009, 08:38 AM

    You can stay in the US as you filed for your COS prior to the expiration of your I-94. Do not send the original I-94 for EOS or COS. Have a copy of your COS application and I-94 if you leave prior to approval. They know who you are, you are in the system.

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